WVC 60-3A-25
§60-3A-25. Certain acts of retail licensees prohibited; criminal
penalties.
(a) It is unlawful for any retail licensee, or agent or
employee thereof, on such retail licensee's premises to:

(1) Sell or offer for sale any liquor other than from the
original package or container;

(2) Sell, give away, or permit the sale of, gift of, or the
procurement of, any liquor, for or to any person under twenty-one
years of age;

(3) Sell, give away, or permit the sale of, gift of, or the
procurement of, any liquor, for or to any person visibly
intoxicated;

(4) Sell or offer for sale any liquor on any Sunday or other
than during the hours permitted for the sale of liquor by retail
licensees as provided under this article;

(5) Permit the consumption by any person of any liquor;

(6) With the intent to defraud, alter, change or misrepresent
the quality, quantity or brand name of any liquor;

(7) Permit any person under eighteen years of age to sell,
furnish or give liquor to any other person;

(8) Purchase or otherwise obtain liquor in any manner or from
any source other than that specifically authorized in this article;
or

(9) Permit any person to break the seal on any package or
bottle of liquor.

(b) Any person who violates any provision of this article,
except section twenty-four of this article, including, but not limited to, any provision of this section, or any rule promulgated
by the board or the commissioner, or who makes any false statement
concerning any material fact, or who omits any material fact with
intent to deceive, in submitting an application for a retail
license or for a renewal of a retail license or in any hearing
concerning the suspension or revocation thereof, or who commits any
of the acts declared in this article to be unlawful, is guilty of
a misdemeanor, and shall, upon conviction thereof, for each
offense be fined not less than one hundred or more than five
thousand dollars, or imprisoned in the county jail for not less
than thirty days nor more than one year, or both fined and
imprisoned. Magistrates have concurrent jurisdiction with the
circuit courts for offenses under this article.

(c) Nothing in this article, or any rule of the board or
commissioner, prevents or prohibits any retail licensee from
employing any person who is at least eighteen years of age to serve
in any retail licensee's lawful employment at any retail outlet
operated by such retail licensee, or from having such person sell
or deliver liquor under the provisions of this article. With the
prior approval of the commissioner, a retail licensee may employ
persons at any retail outlet operated by such retail licensee who
are less than eighteen years of age but at least sixteen years of
age, but such persons' duties shall not include the sale or
delivery of liquor: Provided, That the authorization to employ
such persons under the age of eighteen years shall be clearly
indicated on the retail license issued to any such retail licensee.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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